nation as school teacher, but was then informed that it would be necessary for her to pass a medical examination. This she failed to do, and her appointment as postmaster was rescinded on December 5, 1940. After she had resigned as school teacher, the school board filled the position by employing another. When on December 5, 1940, all efforts by Mrs. Wellborn to obtain a medical certificate had failed, and her appointment as postmaster was rescinded, it was too late for her to obtain another teaching position. However, on February 17, 1941, she was reemployed as a teacher in the Garland school at a salary of $70 per month, so that her period of unemployment ran from around September 1, 1940, to February 17, 1941, during which period she would have earned approximately $419.50. This sum she did not earn for the reason that she had been appointed postmaster, and was required to resign as school teacher, but could never take over as postmaster for the reason that she could not measure up to minimum physical requirements. Your committee feel that her loss would not have occurred had she been required to take the physical examination before being appointed postmaster, that the Government is thus responsible for her loss, that her claim is just, and that she is entitled to receive $419.50, the sum she would have otherwise earned. Your committee, therefore, recommend favorable consideration of the proposed legislation. Appended hereto are departmental reports, together with other pertinent evidence, all of which is made a part of this report. POST OFFICE Department, Washington, D. C., March 29, 1943. Hon. DAN R. McGEHEE, Chairman, Committee on Claims, House of Representatives. MY DEAR MR. MCGEHEE: Your letter of March 4, 1943, requested a report upon H. R. 1310, a bill for the relief of Thula B. Wellborn. In line 6, of the bill the place of residence of the claimant is given as Garland, Kans., instead of Garland, Ark. The Civil Service Commission certified three eligibles for apponitment as postmaster at Garland and the name of Mrs. Thula B. Wellborn was second on the list. She was selected for appointment and in accordance with the usual procedure of the Department at that time she was informed on July 27, 1940, that in the event of her appointment as postmaster she would be required to devote 8 hours personal attention daily to the duties of the office during the business portion of the day, and it was not believed she could meet the requirement while teaching school. She was informed that if she wished to accept the postmastership at Garland, it would be necessary for her to resign as school teacher. Herewith is a copy of the letter addressed to her on that date. She tendered her resignation as school teacher and the Department had considerable correspondence with the Civil Service Commission with regard to her medical certificate. There is submitted herewith a copy of a letter from Mr. William C. Hull, executive assistant, Civil Service Commission, dated November 27, 1940, setting forth the reasons for the action of the Commission in declining to approve the medical certificate furnished by Mrs. Wellborn. In view of the decision of the Commission there was no alternative for the Department other than to select one of the other eligibles for postmaster at Garland. The appointment of Mrs. Wellborn on August 6, 1940, was rescinded on December 5, 1940. This matter was made the subject of an investigation and there is submitted herewith for the information of your committee a copy of the report of the postoffice inspector dated December 11, 1942. It will be seen from this report that prior to her resignation, Mrs. Wellborn had been employed as principal of the high school at Garland, at a salary of $76.50 per month; that on February 17, 1941, she was reemployed as a teacher at a salary of $70 per month and received for the remainder of the scholastic year ending May 2, 1941, a total of $102.50. Had she continued employment in her original position from September 1940 to May 2, 1941, her total compensation would apparently have been $612, the aggregate sum for 8 months' service at $76.50 per month. As a result of her reemployment the records of the superintendert of schools at Garland show that she received a total of $192.50. Thus the inference in the bill that Mrs. Wellborn received $636 less than she would have received had she continued her employment as high-school principal is in error, the correct sum being approximately $419.50. However, it will also be noted that Mrs. Wellborn states that she accepted retirement about July 1941 and that her claim is based more on the fact that her retirement annuity was decreased because of the relinquishment of her position as principal of the high school. This Department does not regard H. R. 1310 as meritorious and, therefore, recommends that it be not given favorable consideration. It has been ascertained from the Bureau of the Budget that this report is in accord with the program of the President. Very truly yours, Hon. DAN R. McGEHEE, K. P. ALDRICH, Acting Postmaster General. UNITED STATES CIVIL SERVICE COMMISSION, Chairman, Committee on Claims, House of Representatives. DEAR MR. MCGEHEE: The Commission acknowledges receipt of your letter of October 8, 1942, requesting a report of the facts as disclosed by the files of this office in connection with H. R. 4114, a bill for the relief of Thula B. Wellborn. H. R. 4114, if enacted into law, would authorize and direct the Secretary of the Treasury to pay the sum of $636 to Thula B. Wellborn, of Garland, Ark. This payment purports to be in full settlement and satisfaction of Miss Wellborn's claim against the United States "by reason of damages sustained by her as a result of being required by the Civil Service Commission of the United States and the Post Office Department of the United States to resign as school teacher in Miller County, Ark., in order to be eligible to accept appointment as postmaster at Garland, Ark., and the failure to appoint her to the latter position after such resignation and her place as a school teacher having been filled by another after such resignation, and it being too late for her to negotiate a contract for a teaching position elsewhere." The files of the Commission show that Miss Wellborn competed in the civilservice examination announced for the position of postmaster in the fourth-class office at Garland, Ark., and passed the examination with a rating of 85.80 percent, which placed her name second on the register of eligibles. In accordance with the Civil Service Rules, the names of the first three eligibles on the register were certified to the Post Office Department for consideration. Miss Wellborn was selected for appointment and, in accordance with the regulations, underwent a physical examination. When the certificate of physical examination was received in this office, it was found that Miss Wellborn did not meet the physical requirements for the position of postmaster, and it was therefore necessary to disapprove her appointment. Subsequent reexamination confirmed the findings of the first medical examination, and it was necessary to sustain the disapproval of her appointment. The records of the Commission do not show that the Civil Service Commission had any part in or connection with Miss Wellborn's resignation from her position as school teacher. Information has been secured informally from the Post Office Department, however, that in contacting Miss Wellborn to ascertain her availability for appointment, the Department notified her that it would be necessary for her to resign from her position of school teacher in order to accept full-time employment with the Post Office Department and requested to be advised of her intentions in the matter. Miss Wellborn apparently resigned as school teacher before she was actually given final appointment as postmaster. The Post Office Department has advised us that your committee has requested the Department also to furnish a report on H. R. 4114, and it is assumed that the Department's report will fully cover this phase of the matter. Sincerely yours, HARRY B. MITCHELL, President. AFFIDAVIT OF MRS. THULA B. WELLBORN Mrs. Thula B. Wellborn, being first duly sworn on oath states: That in the year 1940 pursuant to a competitive examination she was determined eligible for appointment as United States postmaster at Garland, Miller County, Ark., and that in August 1940 she was appointed such postmaster. That up to the time immediately preceding her appointment as postmaster she was under contract with the School Board of Garland, Ark., for a position as teacher for the scholastic year 1940-41 and in which capacity she had been employed for several years prior thereto. That under date of July 27, 1940, the Post Office Department advised her that it would be becessary for her to resign as such teacher and to be released from the contract above mentioned. That shortly thereafter the Post Office Department directed that she have her resignation as school teacher approved by the school board, which was done. Thereafter in August, and as above set forth, she was designated as postmaster at Garland, Ark. That after resigning her contract for teaching school and after having been appointed postmaster as above set forth a physical examination was required from which it developed that she did not meet the minimum physical requirements for the postmastership, and she was thereupon released from duty as such postmaster. That in the meantime the School Board of Garland, Ark., had entered into a contract where by another person was employed to perform the services for the school, which she had formerly been contracted to perform, and which contract she had resigned at the direction of the Post Office Department. That her contract with the school board provided compensation at the rate of $79.50 per month for a period of 8 months. That as result of being required to resign such contract before being subjected to a physical examination she was deprived of an opportunity to perform said teaching contract and was further prevented from serving as postmaster. That if the Post Office Department had directed that her physical examination be taken before requiring her to resign her teaching position and before designating her as postmaster she would not have been deprived of teaching employment under the contract and would not have suffered the financial loss above stated. Dated this 10th day of April 1943. STATE OF TEXAS, County of Bowie, ss: THULA B. Wellborn. On this 10th day of April 1943, before me the undersigned, a duly commissioned, qualified, and acting notary public within and for the county and State aforesaid, personally appeared Thula B. Wellborn, to me personally well known, whose name is signed to the foregoing affidavit, and stated and declared that the matters and things set forth in said affidavit are true and correct. In witness whereof I have hereunto set my hand and seal of office as such notary public of the county and State aforesaid on this 10th day of April 1943. [SEAL] OVAL A. MOSELY. Notary Public, Bowie County, Tex. ADOLPHUS M. HOLMAN FEBRUARY 13, 1945.-Committed to the Committee of the Whole House and ordered to be printed Mr. McGEHEE, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 1841] The Committee on Claims, to whom was referred the bill (H. R. 1841) for the relief of Adolphus M. Holman, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. A similar bill was favorably reported by this committee and passed the House in the Seventy-eighth Congress. The facts will be found fully set forth in House Report No. 1379, Seventy-eighth Congress, which is appended hereto and made a part of this report. [H. Rept. No. 1379, 78th Cong., 2d sess.] The purpose of the proposed legislation is to appropriate the sum of $5,846.92 to Adolphus M. Holman, of Las Cruces, N. Mex., in full settlement of all claims against the United States for property damages and personal injuries sustained when the car which he was driving was struck by an Army truck on the highway near Alamogordo, N. Mex., on September 28, 1942. STATEMENT OF FACTS It appears that on the evening of September 28, 1942, two Army cargo trucks, on official business, were en route from Biggs Field, Tex., to the Alamogordo Air Base at Alamogordo, N. Mex. About 12:45 a. m., on September 29, 1942, while these trucks were proceeding in a northerly direction on United States Highway No. 54, a 1937 Olds mobile coupe owned and operated by Adolphus M. Holman, who was accompanied by his son-in-law, Mike Schilling, approached from the opposite direct on. The drivers of the two Army trucks dimmed their lights and signaled by blinking a request to the approaching civilian driver to switch to his dim lights, but the civilian driver did not turn on his dim lights until he had approached to a point within a short distance from the first Army truck. The dim light on the left side of Mr. Holman's car was out, and he continued down the road with only one dim light burning. The drivers of the two Army trucks turned as far as possible to their right in an effort to avert a collision. The first Army truck, driven by Second Lit. Hugh G. Gardner, missed the civilian car. However, after passing the first truck Mr. Holman's car continued to bear to its left and as a result thereof it struck the left front wheel and left side of the second truck. As a result of the collision the Army truck was damaged to the extent of $358.82. Mr. Holman's car was damaged to the extent of approximately $400. He sustained a multiple fracture of his left leg and numerous cuts and bruises. In a letter dated December 10, 1942, from Dr. W. D. Sedgwick, his injuries are diagnosed as follows: A simple fracture of the left tibia in the middle third; a simple fracture head of left tibia and thrombophlebitis left leg. After hospitalization for a few days a cast was applied. He was dismissed from the hospital October 11, 1942, and instructed to return periodically for observation. About December 3, 1942, the cast was removed from his leg. At that time there was still an incomplete union of the fracture side and thrombophlebitis. The report of the War Department dated August 28, 1943, states that Mike Schilling said they had been drinking. However, in an affidavit signed by Mr. Schilling, dated October 21, 1943, he denies that he ever made any such statement to the authorities. Also, in this affidavit it is stated that they had not been drinking. This statement is verified by an affidavit by Mr. Holman. They both state that the cause of the accident was due to the driver of the Government vehicle not dimming his lights, thus blinding the driver of the civilian car and causing the accident. Therefore, it is the opinion of your committee that the Government driver was negligent in not dimming his lights when a car was approaching from the opposite direction. The committee recommends favorable consideration to the bill. Appended hereto is the report of the War Department, together with other pertinent evidence. Hon. DAN R. McGEHEE, Chairman, Committee on Claims, WAR DEPARTMENT, Washington, D. C., August 28, 1943. House of Representatives, Washington, D. C. DEAR MR. MCGEHEE: The War Department is opposed to the enactment of H. R. 2674, Seventy-eighth Congress, a bill which would authorize and direct he Secretary of the Treasury to pay to Adolphus M. Holman, of Las Cruces, N. Mex., the sum of $5,846.92, in full satisfaction of his claim against the United States for property damages and personal injury sustained by him on September 28, 1942, when a car driven by said Adolphus M. Holman was struck by an Army truck of the United States on the highway near Alamogordo, N. Mex. On the evening of September 28, 1942, two Army cargo trucks, on official business, were en route from Biggs Field, Tex., to the Alamogordo Air Base at Alamogordo, N. Mex. About 12:45 a. m., on September 29, 1942, while these trucks were proceeding in a northerly direction on United States Highway No. 54 about 20 miles from Alamogordo, a 1937 Oldsmobile coupe owned and operated by Adolphus M. Holman, who was accompanied by his son-in-law, Mike Schilling, approached from the opposite direction traveling in the middle of the road. The drivers of the two Army trucks dimmed their lights and signaled by blinking a request to the approaching civilian driver to switch to his dim lights, but the civilian driver did not turn on his dim lights until he had approached to a point within a short distance from the first Army truck. The dim light on the left |